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(영문) 서울중앙지방법원 2016.08.19 2016가단5005927
소유권말소등기
Text

1. The defendant shall support the plaintiff with Suwon District Court as to each land listed in the attached real estate list.

Reasons

1. Basic facts

A. According to the land survey division concerning Gyeonggi-gun, which was prepared by the Department of the Gyeonggi-do Special Self-Governing Land Survey Co., Ltd., the Gyeonggi-do Special Self-Governing Province Co., Ltd. (hereinafter “the original land of this case”) stated that E was an assessment on 1911.

B. On April 14, 1995, the Defendant filed for registration of preservation of ownership with respect to the land of this case with the Sungwon District Court, Sungnam-nam Branch of Gwangju District Court No. 1449.

C. Meanwhile, on March 25, 2009, the original land of this case was divided into each land listed in the separate sheet of real estate (hereinafter “each land of this case”). D.

At the time of the assessment of the original land in this case, F, the Plaintiff, was living in the Gyeonggi-gun G, Gwangju-si, and died on May 16, 1924 and succeeded to the property solely by the son, i.e., death on the part of May 16, 1924, and I died on around 1937 and succeeded to the property by the J alone.

Pursuant to the death of the J around 1964, the plaintiff et al. jointly succeeded to the property.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2-1, 2-3-1 to 3, 5-1 to 4-4, the purport of the whole pleadings

2. Determination

A. In light of the following circumstances acknowledged by comprehensively taking account of the facts seen earlier of the identity of the Plaintiff’s prior to the identity of the Plaintiff’s fleet and the title holder and the purport of the entire arguments in this case, E and F, the title holder of the circumstance, are the same as K, and F, the Plaintiff’s preference, around 1911, was residing in Gyeonggi-gun, where the original land in this case was located, and the Plaintiff’s preference was relocated to H on February 15, 1923, which was after the circumstances of the original land in this case, and there is no special circumstance that other persons with the name in Gwangju-gun, at the time of the preparation of the land survey book, resided in the Gyeonggi-gun-gun, and it is reasonable to deem E and the Plaintiff’s preference F, the title holder of the original land in this case, as the same person.

(b).

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